Top Rated Denver Domestic Violence Lawyers

During domestic violence cases, the court will evaluate all available evidence in order to assess the truth of the claims. This includes police reports, medical records, physical evidence (such as injuries or photographs), and victim & witness testimonies.

In criminal cases, the prosecution must prove that the allegations are true beyond a reasonable doubt (i.e. the burden of proof).

In civil matters, such as hearings for protective orders, the standard of proof is lower, typically preponderance of the evidence (meaning the claim is more likely true than not).

Because domestic violence is a sentence enhancer rather than a crime in and of itself, it must be attached to other criminal charges. The most common crimes that the domestic violence enhancer is added on to in the state of Colorado include:

• Third-degree assault. The crime most commonly associated with domestic violence, third-degree assault involves causing bodily injury to another person, whether through recklessness or the purposeful use of physical force.
• Harassment. Harassment charges cover actions such as shoving, striking, repeated threats, or unwanted contact. This behavior must be directed towards an intimate partner for a domestic violence sentence enhancer to apply.
• Criminal mischief. Domestic violence can be applied to criminal mischief charges when property belonging to an intimate partner is damaged during a dispute.
• Menacing. Menacing involves threatening someone with serious bodily harm or using a weapon to instill fear.

Menacing occurs when an individual employs threats or actions intended to make someone fear imminent and serious bodily harm. Depending on the circumstances, menacing can be charged as either a misdemeanor or a felony.

So, what are the key elements of a menacing charge? The main things that the prosecution will want to establish are intent, means, and the fear of immediate harm. Some common examples of menacing in a domestic violence context include:

• Threatening an intimate partner with a knife, gun, or other deadly weapon, regardless of whether it’s real.
• Saying “I’ll hurt you” to an intimate partner while raising your fist at them in a threatening manner.

The severity of menacing charges varies depending on the circumstances. As explained above, menacing charges can be classed as either a misdemeanor or a felony. Misdemeanor menacing convictions can carry up to 364 days in jail and fines of up to $1,000. Felony menacing convictions, which are much more serious, can carry up to three years in prison, fines of up to $100,000, and mandatory parole of two years. 

For individuals wondering how to beat a menacing charge, our top recommendation is to hire an experienced legal team that you can trust. An expert attorney will help you craft a defense that gives you the best possible chances at success. Some common defense strategies for menacing charges include: 

• Your statements were not threatening. 
• You were acting in self-defense. 
• You were not in possession of a deadly weapon. 

If you are facing domestic violence-related menacing charges, get started today with a FREE consultation. The team at MBS Law is here to help you.

Because felony menacing involves the use of a deadly weapon (or the implication that the perpetrator is wielding one), it is considered a violent crime under Colorado law. Even while physical harm may not occur, the nature of the crime suggests a risk of violence and bodily injury.

Because it is considered a violent crime, felony menacing can trigger more severe penalties, especially if it is charged with a domestic violence sentence enhancement. Violent crime convictions can also result in stricter parole conditions, longer mandatory periods of supervision, and the loss of gun ownership rights under both state and federal law.